https://www.taxtmi.com/caselaws?id=422202 Section 311 CrPC gives the court wide discretion to recall and re-examine a witness at any stage, but only when the evidence is necessary for a just decision and the power is used judicially to secure the ends of justice. The application to recall PW-1 was made belatedly after the complainant's evidence had closed and the earlier cross-examination was complete, yet the court noted the death of prior counsel due to COVID and found sufficient cause for one further opportunity. The recall was therefore permitted subject to costs, reflecting the principle that discretion under Section 311 should prevent failure of justice without being exercised arbitrarily. en-us Wed, 13 Apr 2022 00:00:00 +0530 Sat, 07 May 2022 12:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422202 Section 311 CrPC gives the court wide discretion to recall and re-examine a witness at any stage, but only when the evidence is necessary for a just decision and the power is used judicially to secure the ends of justice. The application to recall PW-1 was made belatedly after the complainant's evidence had closed and the earlier cross-examination was complete, yet the court noted the death of prior counsel due to COVID and found sufficient cause for one further opportunity. The recall was therefore permitted subject to costs, reflecting the principle that discretion under Section 311 should prevent failure of justice without being exercised arbitrarily. Case-Laws Indian Laws Wed, 13 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422202